Severson v. Fleck’s Empirical Analysis

Citation profile

2 federal appellate · 3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “3-02-06. Form of authorization. — An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing, other than instruments covered in the title Negotiable Instruments, can be given only by an instrument in writing. North Dakota Century Code.”

   2 later decisions quote this exact passage
   e.g. Bergquist-Walker Real Estate, Inc. v. William Clairmont, Inc. · Tostenson v. Ihland

2. ““1. “That he is in the business of selling business properties on a commission basis; that he operates under the name and style of Car del Company; that before January, 1956, the defendant had listed a motel in Bismarck, North Dakota, with the plaintiff for the purpose of selling the same; that in or about January 8, 1956, the plaintiff found a purchaser, ready, able and willing to purchase said motel for the sum of $175,000.00. That pursuant to written contract the plaintiff was entitled to ten per cent of the purchase price as his commission but that plaintiff agreed it would not exceed $15,-000.00. That the sale was made as aforementioned to a purchaser found by plaintiff. “2. “That the plaintiff at the time the sale was consummated was paid the sum of $5,000.00 earnest money by the purchaser. That under the terms of the contract between plaintiff and the defendant the plaintiff was entitled to apply said earnest money to his commission after the sale was made and the plaintiff has applied the same, leaving a balance owing to plaintiff in the sum of Ten Thousand and no/100 Dollars. That plaintiff has demanded the same but defendant has refused and neglected to pay the same. “Wherefore, plaintiff prays judgment for the sum of $10,000.00 together with interest at 6% per annum from January 8, 1956, together with costs and disbursements.””

   1 later decision quote this exact passage
   e.g. Severson v. Fleck

3. “That a purported contract of sale, entered into with an alleged purchaser by an agent who has only verbal authority from the owner is void has been established by the decisions of the Supreme Court of North Dakota. Ballou v. Bergvendsen, 9 N.D. 285 , 83 N.W. 10 ; Brandrup v. Britten, 11 N.D. 376 , 92 N.W. 453 ; and Halland v. Johnson, 42 N.D. 360 , 174 N.W. 874 . Under the Halland decision, supra, a contract entered into between an agent and purchaser cannot be introduced in evidence for the purpose of showing that the agent had produced a purchaser able, ready and willing to buy upon the terms stated in the void contract. The. court there held that, the contract of sale being excluded, there remained no competent evidence sufficient to support plaintiff’s claim, and therefore remanded the case with instructions to the trial court to enter an order for dismissal of the action. Defendant’s answer contains, in effect, a general denial. The Supreme Court of North Dakota has held that “ * * * the statute of frauds pertaining to the sale of real estate is available as a defense under a general denial.” Brey v. Lvedt, 74 N.D. 192 , 21 N.W.2d 49, 51 .”

   1 later decision quote this exact passage
   e.g. Tostenson v. Ihland